Bill Text: IL HB5307 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning exemptions from an eavesdropping violation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5307 Detail]
Download: Illinois-2011-HB5307-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | |||||||||||||||||||
5 | Section 14-3 as follows:
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6 | (720 ILCS 5/14-3) | |||||||||||||||||||
7 | Sec. 14-3. Exemptions. The following activities shall | |||||||||||||||||||
8 | shall be
exempt from the provisions of this Article: | |||||||||||||||||||
9 | (a) Listening to radio, wireless and television | |||||||||||||||||||
10 | communications of
any sort where the same are publicly made; | |||||||||||||||||||
11 | (b) Hearing conversation when heard by employees of any | |||||||||||||||||||
12 | common
carrier by wire incidental to the normal course of their | |||||||||||||||||||
13 | employment in
the operation, maintenance or repair of the | |||||||||||||||||||
14 | equipment of such common
carrier by wire so long as no | |||||||||||||||||||
15 | information obtained thereby is used or
divulged by the hearer; | |||||||||||||||||||
16 | (c) Any broadcast by radio, television or otherwise whether | |||||||||||||||||||
17 | it be a
broadcast or recorded for the purpose of later | |||||||||||||||||||
18 | broadcasts of any
function where the public is in attendance | |||||||||||||||||||
19 | and the conversations are
overheard incidental to the main | |||||||||||||||||||
20 | purpose for which such broadcasts are
then being made; | |||||||||||||||||||
21 | (d) Recording or listening with the aid of any device to | |||||||||||||||||||
22 | any
emergency communication made in the normal course of | |||||||||||||||||||
23 | operations by any
federal, state or local law enforcement |
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1 | agency or institutions dealing
in emergency services, | ||||||
2 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
3 | services, fire fighting agencies, any public utility,
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4 | emergency repair facility, civilian defense establishment or | ||||||
5 | military
installation; | ||||||
6 | (e) Recording the proceedings of any meeting required to be | ||||||
7 | open by
the Open Meetings Act, as amended; | ||||||
8 | (f) Recording or listening with the aid of any device to | ||||||
9 | incoming
telephone calls of phone lines publicly listed or | ||||||
10 | advertised as consumer
"hotlines" by manufacturers or | ||||||
11 | retailers of food and drug products. Such
recordings must be | ||||||
12 | destroyed, erased or turned over to local law
enforcement | ||||||
13 | authorities within 24 hours from the time of such recording and
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14 | shall not be otherwise disseminated. Failure on the part of the | ||||||
15 | individual
or business operating any such recording or | ||||||
16 | listening device to comply with
the requirements of this | ||||||
17 | subsection shall eliminate any civil or criminal
immunity | ||||||
18 | conferred upon that individual or business by the operation of
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19 | this Section; | ||||||
20 | (g) With prior notification to the State's Attorney of the
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21 | county in which
it is to occur, recording or listening with the | ||||||
22 | aid of any device to any
conversation
where a law enforcement | ||||||
23 | officer, or any person acting at the direction of law
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24 | enforcement, is a party to the conversation and has consented | ||||||
25 | to it being
intercepted or recorded under circumstances where | ||||||
26 | the use of the device is
necessary for the protection of the |
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1 | law enforcement officer or any person
acting at the direction | ||||||
2 | of law enforcement, in the course of an
investigation
of a | ||||||
3 | forcible felony, a felony offense of involuntary servitude, | ||||||
4 | involuntary sexual servitude of a minor, or trafficking in | ||||||
5 | persons for forced labor or services under Section 10-9 of this | ||||||
6 | Code, an offense involving prostitution, solicitation of a | ||||||
7 | sexual act, or pandering, a felony violation of the Illinois | ||||||
8 | Controlled Substances
Act, a felony violation of the Cannabis | ||||||
9 | Control Act, a felony violation of the Methamphetamine Control | ||||||
10 | and Community Protection Act, any "streetgang
related" or | ||||||
11 | "gang-related" felony as those terms are defined in the | ||||||
12 | Illinois
Streetgang Terrorism Omnibus Prevention Act, or any | ||||||
13 | felony offense involving any weapon listed in paragraphs (1) | ||||||
14 | through (11) of subsection (a) of Section 24-1 of this Code.
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15 | Any recording or evidence derived
as the
result of this | ||||||
16 | exemption shall be inadmissible in any proceeding, criminal,
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17 | civil or
administrative, except (i) where a party to the | ||||||
18 | conversation suffers great
bodily injury or is killed during | ||||||
19 | such conversation, or
(ii)
when used as direct impeachment of a | ||||||
20 | witness concerning matters contained in
the interception or | ||||||
21 | recording. The Director of the
Department of
State Police shall | ||||||
22 | issue regulations as are necessary concerning the use of
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23 | devices, retention of tape recordings, and reports regarding | ||||||
24 | their
use; | ||||||
25 | (g-5) With approval of the State's Attorney of the county | ||||||
26 | in
which it is to occur, recording or listening with the aid of |
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1 | any device to any
conversation where a law enforcement officer, | ||||||
2 | or any person acting at the
direction of law enforcement, is a | ||||||
3 | party to the conversation and has consented
to it being | ||||||
4 | intercepted or recorded in the course of an investigation of | ||||||
5 | any
offense defined in Article 29D of this Code.
In all such | ||||||
6 | cases, an application for an order approving
the previous or | ||||||
7 | continuing use of an eavesdropping
device must be made within | ||||||
8 | 48 hours of the commencement of
such use. In the absence of | ||||||
9 | such an order, or upon its denial,
any continuing use shall | ||||||
10 | immediately terminate.
The Director of
State Police shall issue | ||||||
11 | rules as are necessary concerning the use of
devices, retention | ||||||
12 | of tape recordings, and reports regarding their use. | ||||||
13 | Any recording or evidence obtained or derived in the course | ||||||
14 | of an
investigation of any offense defined in Article 29D of | ||||||
15 | this Code shall, upon
motion of the State's Attorney or | ||||||
16 | Attorney General prosecuting any violation of
Article 29D, be | ||||||
17 | reviewed in camera with notice to all parties present by the
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18 | court presiding over the criminal
case, and, if ruled by the | ||||||
19 | court to be relevant and otherwise admissible,
it shall be | ||||||
20 | admissible at the trial of the criminal
case. | ||||||
21 | This subsection (g-5) is inoperative on and after January | ||||||
22 | 1, 2005.
No conversations recorded or monitored pursuant to | ||||||
23 | this subsection (g-5)
shall be inadmissible in a court of law | ||||||
24 | by virtue of the repeal of this
subsection (g-5) on January 1, | ||||||
25 | 2005; | ||||||
26 | (g-6) With approval of the State's Attorney of the county |
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1 | in which it is to occur, recording or listening with the aid of | ||||||
2 | any device to any conversation where a law enforcement officer, | ||||||
3 | or any person acting at the direction of law enforcement, is a | ||||||
4 | party to the conversation and has consented to it being | ||||||
5 | intercepted or recorded in the course of an investigation of | ||||||
6 | involuntary servitude, involuntary sexual servitude of a | ||||||
7 | minor, trafficking in persons for forced labor or services, | ||||||
8 | child pornography, aggravated child pornography, indecent | ||||||
9 | solicitation of a child, child abduction, luring of a minor, | ||||||
10 | sexual exploitation of a child, predatory criminal sexual | ||||||
11 | assault of a child, aggravated criminal sexual abuse in which | ||||||
12 | the victim of the offense was at the time of the commission of | ||||||
13 | the offense under 18 years of age, criminal sexual abuse by | ||||||
14 | force or threat of force in which the victim of the offense was | ||||||
15 | at the time of the commission of the offense under 18 years of | ||||||
16 | age, or aggravated criminal sexual assault in which the victim | ||||||
17 | of the offense was at the time of the commission of the offense | ||||||
18 | under 18 years of age. In all such cases, an application for an | ||||||
19 | order approving the previous or continuing use of an | ||||||
20 | eavesdropping device must be made within 48 hours of the | ||||||
21 | commencement of such use. In the absence of such an order, or | ||||||
22 | upon its denial, any continuing use shall immediately | ||||||
23 | terminate. The Director of State Police shall issue rules as | ||||||
24 | are necessary concerning the use of devices, retention of | ||||||
25 | recordings, and reports regarding their use.
Any recording or | ||||||
26 | evidence obtained or derived in the course of an investigation |
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1 | of involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, trafficking in persons for forced labor or services, | ||||||
3 | child pornography, aggravated child pornography, indecent | ||||||
4 | solicitation of a child, child abduction, luring of a minor, | ||||||
5 | sexual exploitation of a child, predatory criminal sexual | ||||||
6 | assault of a child, aggravated criminal sexual abuse in which | ||||||
7 | the victim of the offense was at the time of the commission of | ||||||
8 | the offense under 18 years of age, criminal sexual abuse by | ||||||
9 | force or threat of force in which the victim of the offense was | ||||||
10 | at the time of the commission of the offense under 18 years of | ||||||
11 | age, or aggravated criminal sexual assault in which the victim | ||||||
12 | of the offense was at the time of the commission of the offense | ||||||
13 | under 18 years of age shall, upon motion of the State's | ||||||
14 | Attorney or Attorney General prosecuting any case involving | ||||||
15 | involuntary servitude, involuntary sexual servitude of a | ||||||
16 | minor, trafficking in persons for forced labor or services, | ||||||
17 | child pornography, aggravated child pornography, indecent | ||||||
18 | solicitation of a child, child abduction, luring of a minor, | ||||||
19 | sexual exploitation of a child, predatory criminal sexual | ||||||
20 | assault of a child, aggravated criminal sexual abuse in which | ||||||
21 | the victim of the offense was at the time of the commission of | ||||||
22 | the offense under 18 years of age, criminal sexual abuse by | ||||||
23 | force or threat of force in which the victim of the offense was | ||||||
24 | at the time of the commission of the offense under 18 years of | ||||||
25 | age, or aggravated criminal sexual assault in which the victim | ||||||
26 | of the offense was at the time of the commission of the offense |
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1 | under 18 years of age, be reviewed in camera with notice to all | ||||||
2 | parties present by the court presiding over the criminal case, | ||||||
3 | and, if ruled by the court to be relevant and otherwise | ||||||
4 | admissible, it shall be admissible at the trial of the criminal | ||||||
5 | case. Absent such a ruling, any such recording or evidence | ||||||
6 | shall not be admissible at the trial of the criminal case; | ||||||
7 | (h) Recordings made simultaneously with the use of an | ||||||
8 | in-car video camera recording of an oral
conversation between a | ||||||
9 | uniformed peace officer, who has identified his or her office, | ||||||
10 | and
a person in the presence of the peace officer whenever (i) | ||||||
11 | an officer assigned a patrol vehicle is conducting an | ||||||
12 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
13 | activated or would otherwise be activated if not for the need | ||||||
14 | to conceal the presence of law enforcement. | ||||||
15 | For the purposes of this subsection (h), "enforcement stop" | ||||||
16 | means an action by a law enforcement officer in relation to | ||||||
17 | enforcement and investigation duties, including but not | ||||||
18 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
19 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
20 | roadside safety checks, requests for identification, or | ||||||
21 | responses to requests for emergency assistance; | ||||||
22 | (h-5) Recordings of utterances made by a person while in | ||||||
23 | the presence of a uniformed peace officer and while an occupant | ||||||
24 | of a police vehicle including, but not limited to, (i) | ||||||
25 | recordings made simultaneously with the use of an in-car video | ||||||
26 | camera and (ii) recordings made in the presence of the peace |
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1 | officer utilizing video or audio systems, or both, authorized | ||||||
2 | by the law enforcement agency; | ||||||
3 | (h-10) Recordings made simultaneously with a video camera | ||||||
4 | recording during
the use of a taser or similar weapon or device | ||||||
5 | by a peace officer if the weapon or device is equipped with | ||||||
6 | such camera; | ||||||
7 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
8 | (h-10) shall be retained by the law enforcement agency that | ||||||
9 | employs the peace officer who made the recordings for a storage | ||||||
10 | period of 90 days, unless the recordings are made as a part of | ||||||
11 | an arrest or the recordings are deemed evidence in any | ||||||
12 | criminal, civil, or administrative proceeding and then the | ||||||
13 | recordings must only be destroyed upon a final disposition and | ||||||
14 | an order from the court. Under no circumstances shall any | ||||||
15 | recording be altered or erased prior to the expiration of the | ||||||
16 | designated storage period. Upon completion of the storage | ||||||
17 | period, the recording medium may be erased and reissued for | ||||||
18 | operational use; | ||||||
19 | (i) Recording of a conversation made by or at the request | ||||||
20 | of a person, not a
law enforcement officer or agent of a law | ||||||
21 | enforcement officer, who is a party
to the conversation, under | ||||||
22 | reasonable suspicion that another party to the
conversation is | ||||||
23 | committing, is about to commit, or has committed a criminal
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24 | offense against the person or a member of his or her immediate | ||||||
25 | household, and
there is reason to believe that evidence of the | ||||||
26 | criminal offense may be
obtained by the recording; |
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1 | (j) The use of a telephone monitoring device by either (1) | ||||||
2 | a
corporation or other business entity engaged in marketing or | ||||||
3 | opinion research
or (2) a corporation or other business entity | ||||||
4 | engaged in telephone
solicitation, as
defined in this | ||||||
5 | subsection, to record or listen to oral telephone solicitation
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6 | conversations or marketing or opinion research conversations | ||||||
7 | by an employee of
the corporation or other business entity | ||||||
8 | when: | ||||||
9 | (i) the monitoring is used for the purpose of service | ||||||
10 | quality control of
marketing or opinion research or | ||||||
11 | telephone solicitation, the education or
training of | ||||||
12 | employees or contractors
engaged in marketing or opinion | ||||||
13 | research or telephone solicitation, or internal
research | ||||||
14 | related to marketing or
opinion research or telephone
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15 | solicitation; and | ||||||
16 | (ii) the monitoring is used with the consent of at | ||||||
17 | least one person who
is an active party to the marketing or | ||||||
18 | opinion research conversation or
telephone solicitation | ||||||
19 | conversation being
monitored. | ||||||
20 | No communication or conversation or any part, portion, or | ||||||
21 | aspect of the
communication or conversation made, acquired, or | ||||||
22 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
23 | be, directly or indirectly, furnished to any law
enforcement | ||||||
24 | officer, agency, or official for any purpose or used in any | ||||||
25 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
26 | any administrative,
judicial, or other proceeding, or divulged |
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1 | to any third party. | ||||||
2 | When recording or listening authorized by this subsection | ||||||
3 | (j) on telephone
lines used for marketing or opinion research | ||||||
4 | or telephone solicitation purposes
results in recording or
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5 | listening to a conversation that does not relate to marketing | ||||||
6 | or opinion
research or telephone solicitation; the
person | ||||||
7 | recording or listening shall, immediately upon determining | ||||||
8 | that the
conversation does not relate to marketing or opinion | ||||||
9 | research or telephone
solicitation, terminate the recording
or | ||||||
10 | listening and destroy any such recording as soon as is | ||||||
11 | practicable. | ||||||
12 | Business entities that use a telephone monitoring or | ||||||
13 | telephone recording
system pursuant to this exemption (j) shall | ||||||
14 | provide current and prospective
employees with notice that the | ||||||
15 | monitoring or recordings may occur during the
course of their | ||||||
16 | employment. The notice shall include prominent signage
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17 | notification within the workplace. | ||||||
18 | Business entities that use a telephone monitoring or | ||||||
19 | telephone recording
system pursuant to this exemption (j) shall | ||||||
20 | provide their employees or agents
with access to personal-only | ||||||
21 | telephone lines which may be pay telephones, that
are not | ||||||
22 | subject to telephone monitoring or telephone recording. | ||||||
23 | For the purposes of this subsection (j), "telephone | ||||||
24 | solicitation" means a
communication through the use of a | ||||||
25 | telephone by live operators: | ||||||
26 | (i) soliciting the sale of goods or services; |
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1 | (ii) receiving orders for the sale of goods or | ||||||
2 | services; | ||||||
3 | (iii) assisting in the use of goods or services; or | ||||||
4 | (iv) engaging in the solicitation, administration, or | ||||||
5 | collection of bank
or
retail credit accounts. | ||||||
6 | For the purposes of this subsection (j), "marketing or | ||||||
7 | opinion research"
means
a marketing or opinion research | ||||||
8 | interview conducted by a live telephone
interviewer engaged by | ||||||
9 | a corporation or other business entity whose principal
business | ||||||
10 | is the design, conduct, and analysis of polls and surveys | ||||||
11 | measuring
the
opinions, attitudes, and responses of | ||||||
12 | respondents toward products and services,
or social or | ||||||
13 | political issues, or both; | ||||||
14 | (k) Electronic recordings, including but not limited to, a | ||||||
15 | motion picture,
videotape, digital, or other visual or audio | ||||||
16 | recording, made of a custodial
interrogation of an individual | ||||||
17 | at a police station or other place of detention
by a law | ||||||
18 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
19 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
20 | Procedure of 1963; | ||||||
21 | (l) Recording the interview or statement of any person when | ||||||
22 | the person
knows that the interview is being conducted by a law | ||||||
23 | enforcement officer or
prosecutor and the interview takes place | ||||||
24 | at a police station that is currently
participating in the | ||||||
25 | Custodial Interview Pilot Program established under the
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26 | Illinois Criminal Justice Information Act; |
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1 | (m) An electronic recording, including but not limited to, | ||||||
2 | a motion picture,
videotape, digital, or other visual or audio | ||||||
3 | recording, made of the interior of a school bus while the | ||||||
4 | school bus is being used in the transportation of students to | ||||||
5 | and from school and school-sponsored activities, when the | ||||||
6 | school board has adopted a policy authorizing such recording, | ||||||
7 | notice of such recording policy is included in student | ||||||
8 | handbooks and other documents including the policies of the | ||||||
9 | school, notice of the policy regarding recording is provided to | ||||||
10 | parents of students, and notice of such recording is clearly | ||||||
11 | posted on the door of and inside the school bus.
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12 | Recordings made pursuant to this subsection (m) shall be | ||||||
13 | confidential records and may only be used by school officials | ||||||
14 | (or their designees) and law enforcement personnel for | ||||||
15 | investigations, school disciplinary actions and hearings, | ||||||
16 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
17 | prosecutions, related to incidents occurring in or around the | ||||||
18 | school bus; | ||||||
19 | (n)
Recording or listening to an audio transmission from a | ||||||
20 | microphone placed by a person under the authority of a law | ||||||
21 | enforcement agency inside a bait car surveillance vehicle while | ||||||
22 | simultaneously capturing a photographic or video image; | ||||||
23 | (o) The use of an eavesdropping camera or audio device | ||||||
24 | during an ongoing hostage or barricade situation by a law | ||||||
25 | enforcement officer or individual acting on behalf of a law | ||||||
26 | enforcement officer when the use of such device is necessary to |
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1 | protect the safety of the general public, hostages, or law | ||||||
2 | enforcement officers or anyone acting on their behalf; and | ||||||
3 | (p) Recording or listening with the aid of any device to | ||||||
4 | incoming telephone calls of phone lines publicly listed or | ||||||
5 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
6 | where the notice of recording is given at the beginning of each | ||||||
7 | call as required by Section 34-21.8 of the School Code. The | ||||||
8 | recordings may be retained only by the Chicago Police | ||||||
9 | Department or other law enforcement authorities, and shall not | ||||||
10 | be otherwise retained or disseminated. | ||||||
11 | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | ||||||
12 | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. | ||||||
13 | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | ||||||
14 | eff. 8-12-11.)
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